(a)The committee. The State Child Fatality Review
Team Committee (committee) is appointed under and governed by this
section. The committee is established under Texas Family Code, §§264.501
- 264.515.
(b)Purpose. The purpose of the committee is to reduce
the number of preventable deaths to children in the State of Texas.
(c)Tasks.
(1)The committee develops an understanding of the
causes and incidences of child death in Texas.
(2)The committee identifies procedures within the agencies
represented on the committee to reduce the number of preventable child
deaths.
(3)The committee promotes public awareness and makes
recommendations to the Governor and Texas Legislature for changes
in law, policy, and practice to reduce the number of preventable child
deaths.
(d)Reports.
(1)Not later than April 1 of each even-numbered
year, the [The] committee files a biennial written
report with the Governor, Lieutenant Governor, Speaker of the House
of Representatives, Texas Department of State Health Services (DSHS),
and Texas Department of Family and Protective Services (DFPS) and
makes the report available to the public.
(2)The report contains aggregate child fatality data
collected by local child fatality review teams, recommendations to
prevent child fatalities and injuries, and recommendations to DFPS
based on input from the child safety review subcommittee.
[(3)The committee shall submit data
reports to the Vital Statistics Unit not later than the 30th day after
the day on which the review of child fatalities took place.]
(e)Composition.
(1)The committee is composed of 25 [
22] members. Permanent members of the [appointed
by the Texas Health and Human Services Commission (HHSC) Executive
Commissioner. The] committee include [includes]:
(A)[(1)] a person appointed
by and representing the State Registrar of Vital Statistics;
(B)[(2)] a person appointed
by and representing the DFPS [DSHS] Commissioner;
(C)[(3)] a person appointed
by and representing the DSHS Title V Director; [and]
(D)a person appointed by and representing
the speaker of the house of representatives;
(E)a person appointed by and representing
the lieutenant governor; and
(F)a person appointed by and representing
the governor.
(2)The permanent members of the committee
who serve under paragraph (1) of this subsection, shall appoint the
following committee members, who must be members of their local Child
Fatality Review Team, unless the committee member is an appointed
representative of a state agency:
[(4)][the following individuals:]
(A)a criminal prosecutor involved in prosecuting crimes
against children;
(B)a sheriff;
(C)a justice of the peace;
(D)a medical examiner;
(E)a police chief;
(F)a pediatrician experienced in diagnosing and treating
child abuse and neglect;
(G)a child educator;
(H)a child mental health provider;
(I)a public health professional;
(J)a child protective services specialist;
(K)a sudden infant death syndrome family service provider;
(L)a neonatologist;
(M)a child advocate;
(N)a chief juvenile probation officer;
(O)a child abuse prevention specialist;
(P)a representative of the Texas Department of Public
Safety;
(Q)a representative of the Texas Department of Transportation;
(R)an emergency medical services provider; and
(S)a provider of services to, or an advocate for,
victims of family violence.
(f)Terms of office. Except as necessary to stagger
terms, the term of office for members that are appointed under
subsection (e)(2) of this section [each member] is
three years.
(1)Members [At the expiration of their
terms, members] may apply to serve up to two terms. Terms
do not have to be consecutive [renew their terms].
[(2)The person appointed by and representing
the State Registrar of Vital Statistics, the person appointed by and
representing the DSHS Commissioner, and the person appointed by and
representing the DSHS Title V Director are permanent members of the
committee.]
(2)[(3)] An appointment to a
vacancy on the committee is made in the same manner as the original
appointment.
(g)Officers. The committee selects from its members
a chair [presiding officer] and vice-chair [
an assistant presiding officer].
(1)The chair [presiding officer]
presides at all committee meetings at which he or she is in attendance
and calls meetings of the committee.
(2)The vice-chair [assistant presiding
officer] presides at meetings if the chair [presiding
officer] is unable to attend.
(h)Meetings.
(1)The committee meets quarterly.
(2)Meeting arrangements are made by DSHS staff.
(3)Except as provided by Texas Family Code, §264.504
(b), (c), and (d), the [The] committee is a "governmental
body" as defined in the Open Meetings Act, Texas Government Code,
Chapter 551. Meetings may be conducted in person, through teleconference
call, or by means of other technology.
(4)A simple majority of the appointed committee members
constitutes a quorum for the purpose of transacting official business.
(5)The committee is authorized to transact official
business only when in a legally constituted meeting with quorum present.
(6)The agenda for each committee meeting includes
an item entitled public comment under which any person is allowed
to address the committee on matters relating to business. The chair
[presiding officer] may establish procedures for public
comment, including a time limit on each comment.
(i)Attendance. Members must attend committee meetings
as scheduled.
(1)A member must notify the chair [presiding
officer] or appropriate DSHS staff if he or she is unable to
attend a scheduled meeting.
(2)It is grounds for removal from the committee if
a member cannot discharge the member's duties for which the member
is appointed because of illness or disability or is absent from more
than one committee meeting per year.
(3)A member may give another member voting proxy upon
his or her absence.
(j)Staff. Staff support for the committee is provided
by DSHS.
(k)Procedures. The committee shall adopt bylaws
to outline meeting and operating procedures.
[(1)Any action taken by the committee
must be approved by a majority vote of the members present, once quorum
is established.]
[(2)Each member has one vote unless
given proxy by another member.]
[(3)The committee makes decisions
in the discharge of its duties without discrimination based on any
person's race, creed, gender, religion, national origin, age, physical
condition, or economic status.]
[(4)Minutes of each committee meeting
are taken by DSHS staff and approved by the committee at the next
scheduled meeting.]
(l)Statement by members.
(1)HHSC, DSHS, and the committee are not bound in
any way by any statement, recommendation, or action on the part of
any committee member, except when a statement or action is in pursuit
of specific instructions from HHSC, DSHS, or the committee.
(2)The committee and its members may not participate
in legislative activity in the name of the committee. Committee members
are not prohibited from representing themselves or other entities
in the legislative process.
(3)A committee member may not accept or solicit any
benefit that might reasonably tend to influence the member in the
discharge of the member's official duties.
(4)A committee member may not disclose confidential
information acquired through his or her committee membership.
(5)A committee member may not knowingly solicit, accept,
or agree to accept any benefit for having exercised the member's official
powers or duties in favor of another person.
(6)A committee member who has a personal or private
interest in a matter pending before the committee must publicly disclose
the fact in a committee meeting and may not vote or otherwise participate
in the matter. The phrase "personal or private interest" means the
committee member has a direct pecuniary interest in the matter but
does not include the committee member's engagement in a profession,
trade, or occupation when the member's interest is the same as all
others similarly engaged in the profession, trade, or occupation.
(m)Reimbursement for expenses. A member of the committee
is not entitled to compensation for serving on the committee but is
entitled to reimbursement for the member's travel expenses as provided
for in the General Appropriations Act.
(1)Reimbursement for a person serving on the committee
is paid from funds appropriated by DSHS.
(2)Reimbursement for other persons serving on the
committee shall be paid from funds appropriated to DSHS.
The agency certifies that legal counsel has
reviewed the proposal and found it to be within the state agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on December 12, 2018
TRD-201805330 Barbara L. Klein
General Counsel
Department of State Health Services
Earliest possible date of adoption: January 27, 2019
For further information, please call: (512) 776-7321
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